Bedford Heights City Zoning Code
TITLE FIVE
Zoning Code; Administration
1131.01 INTENT.
The purpose of this Chapter is to provide adequate review by the Planning Commission, Board of Architectural Review, and the Zoning Inspector, when applicable, where the uses permitted are of such a nature, because of their size; scale; or effect on surrounding property, that review of specific plans is deemed necessary to protect the public health, safety, and general welfare of the community. (Ord. 2023-029. Passed 4-18-23.)
1131.02 DEVELOPMENT PLAN REVIEW REQUIRED.
Review of a preliminary development plan and a final development plan shall be required in compliance with the following:
(a) Development Plan Review Required. A development plan that indicates, among other things, the exact location of buildings, landscaping, parking areas, access drives, signs, and outdoor storage and refuse areas shall be required for the following:
(1) New construction of all permitted, restricted, and conditional uses in the Non-Residence and Overlay Districts;
(2) New construction of all permitted and conditional uses in the R-3, Multifamily Residence District; the R-4, Town House Residence District; and SR, Senior Residence District;
(3) New construction of all non-residential permitted uses in the R-S, R1-A, R-1, and R-2 Districts; and,
(4) Any existing or previously approved development meeting the criteria of sub-sections (1) through (3) above that proposes to alter, reconstruct, or otherwise modify a use or site including expanding the floor area of the permitted use; increasing the number of dwelling units in a multi-family development; changing the use which requires an increase in the amount of parking or a change in the site's vehicular circulation; modification of existing surface water drainage patterns; earth-moving activities; or any other alterations to an existing development where development plan requirements are modified.
(b) Exceptions.
(1) Individually developed single-family detached dwelling units and individually developed two-family dwellings shall not be subject to development plan review.
(2) A change of occupancy in an existing structure that does not meet the standards in (a) (4) above shall be exempt from the development plan review procedures
(Ord. 2023-029. Passed 4-18-23.)
1131.03 DEVELOPMENT PLAN PROCEDURE FOR THE GENERAL BUSINESS, SHOPPING CENTER, NORTHFIELD ROAD COMMERCIAL - TIER 1 and 2, AND THE INDUSTRIAL DISTRICTS.
In the General Business, Shopping Center, Northfield Road Commercial – Tier 1 and Tier 2, and the Industrial Districts, development plan reviews should proceed and generally move in phases to include the following:
(a) Pre-application meeting with City Administration and Staff;
(b) Preliminary development plan review by the Planning Commission;
(c) Development plan review by the Board of Architectural Review; and,
(d) Final development plan review by the Planning Commission.
(e) The preliminary development plan phase may be omitted when, in the opinion of the City Administration and Staff, the project is too minor to warrant preliminary development plan review. Such a determination may occur at the pre-application meeting. If such a determination is made, the development plan application will proceed to the Board of Architectural Review and then to the Planning Commission for Final Development Plan review.
(Ord. 2023-029. Passed 4-18-23.)
1131.04 DEVELOPMENT PLAN PROCEDURE FOR THE TOWN CENTER OVERLAY DISTRICT.
In the Town Center Overlay District, development plan reviews should proceed and generally move in phases to include the following:
(a) Pre-application meeting with City Administration and Staff;
(b) Preliminary development plan reviewed by the Planning Commission;
(c) Development plan review by the Board of Architectural Review; and,
(d) Final development plan review by the Zoning Inspector.
(Ord. 2023-029. Passed 4-18-23.)
1131.05 PRE-APPLICATION MEETING ENCOURAGED.
The applicant is encouraged to meet with City Administration and Staff prior to submitting an application for preliminary development plan review. The purpose of this meeting is to discuss early and informally with the applicant the purpose and effect of this Zoning Code and the criteria and standards contained within. However, no action shall be taken at such a meeting and no opinions, suggestions, or recommendations discussed shall be relied on by the applicant to indicate subsequent approval or disapproval of the development plan.
(Ord. 2023-029. Passed 4-18-23.)
1131.06 DEVELOPMENT PLAN REVIEW PROCEDURES.
Development plans, including preliminary and final, shall be reviewed and distributed according to the following procedures:
(a) Review for Completeness. After receiving an application, within 3 business days, the Zoning Inspector shall review the submitted application for completeness and compliance with the applicable submission requirements. If the application is deemed insufficient, the Zoning Inspector shall notify the applicant of the necessary changes or additional information needed. When the application is deemed complete and the application fee has been paid, the Zoning Inspector shall officially accept the application for consideration of the action(s) requested on the date such determination is made and place it on the applicable agenda, review it, or declare the application a Minor Alteration, as permitted by Section 1131.09, as applicable.
(b) Distribution of Plans and Consultant Fees. When the Zoning Inspector determines that the application for preliminary or final development plans is complete, the Zoning Inspector shall forward the application to the appropriate City departments, the City Engineer, and professional consultants for review and comment. Any reports, comments, or expert opinions shall be returned to the Zoning Inspector. The City may retain consultants to review applications, with the reasonable costs for such consultation being borne by the applicant.
(c) Transmission to the Applicable Reviewer, Board, or Commission. For preliminary and final development plan reviews, the Zoning Inspector shall distribute the application for development plan review and any reports prepared by the individuals in subsection (b) above to the applicable reviewer, board, or commission, prior to the time of the next regularly scheduled meeting, as applicable.
(Ord. 2023-029. Passed 4-18-23.)
1131.07 REVIEW BY BOARD OF ARCHITECTURAL REVIEW.
(a) No application for a final development plan shall be approved by the Planning Commission or the Zoning Inspector, as applicable, until the development plan has been reviewed by the Board of Architectural Review, except as otherwise provided for in this Zoning Code.
(b) The Board of Architectural Review shall make a recommendation to the Planning Commission after reviewing the development plan to determine if such application complies with the review criteria and standards set forth in this Chapter and in the applicable Chapters of this Zoning Code. The Board of Architectural Review shall take one of the following actions:
(1) The Board of Architectural Review may approve the development plan if the proposed plan is determined to be appropriate and in conformance with the review criteria and standards outlined in this Zoning Code;
(2) The Board of Architectural Review may approve the development plan subject to specific conditions not included on the plan as submitted, to ensure that the development conforms to the intent and purposes of this Zoning Code;
(3) The Board of Architectural Review shall deny the application if the plan is not found to comply with the specifications of this Zoning Code. The Board of Architectural Review shall indicate the reasons for the denial.
(Ord. 2023-029. Passed 4-18-23.)
1131.08 ACTION BY PLANNING COMMISSION.
(b) Following its review of a preliminary or final development plan, the Planning Commission shall:
(1) Approve the development plan as submitted; or
(2) Approve the development plan subject to specific conditions not included in the plan as submitted, such as, but not limited to, improvements in the setback layout, open space arrangement, on-site control of access to streets, or such features as fences, walls and plantings to further protect and improve the proposed and surrounding developments; or
(3) Deny the development plan when the application does not demonstrate that the required standards have been met.
(c) For a preliminary or final development plan, the Planning Commission may also postpone the development plan, providing guidance to the applicant regarding alterations to the proposed development plan that may address the concerns expressed by the Planning Commission.
(d) The City shall promptly furnish the applicant with its decision on the preliminary or final development plan.
(e) Failure of the Planning Commission to Act. Failure of the Planning Commission to act within sixty (60) days from the date the application was deemed complete, or an extended period as may be agreed upon, shall be deemed a denial of the application.
(f) Re-application after Denial. The Zoning Inspector shall accept no re-application for a development plan unless the re-application is based on a revised application that addresses the reasons for the denial of the initial application. A re-application shall comply with all the requirements of this Chapter, including payment of the required fee. If an application is denied as a result of sub-section 1131.08 (e), the Zoning Inspector shall accept a re-application for development plan review that has not been revised from the previous submittal.
(g) Issuance of Zoning Permits and Certificates. If the final development plan is approved or approved with conditions, the Zoning Inspector shall issue a Zoning Permit pursuant to Chapter 1136, Zoning Permits and Certificates. However, the Zoning Permit shall not be issued until:
(1) At the Zoning Inspector’s discretion, there shall be executed by the owner or applicant an agreement to construct required physical improvements located within the public rights-of-way or easements or connected to any public facility; and the applicant shall execute and deliver to the City a performance guarantee approved by the City Engineer in the amount of the estimated cost of the required physical improvements as determined by the City Engineer. The agreement and the performance guarantee shall provide for completion of all work within a time specified as determined by the City Engineer or before occupancy is allowed in any structure, whichever shall occur first.
(2) The approval of the final development plan or the installation of improvements as required by this Zoning Code shall not obligate the City to accept improvements for maintenance, repair, or operation. Acceptance shall be subject to local or state regulations where applicable, concerning the acceptance of each type of improvement.
(3) Before a Certificate of Zoning Compliance may be issued, the property owner shall provide to the Zoning Inspector a statement that all phases of the facility, development, or structure have been constructed in conformance with approved plans, documentation, and specifications.
(Ord. 2023-029. Passed 4-18-23.)
1131.09 MINOR ALTERATIONS APPROVED BY ZONING INSPECTOR.
When a minor alteration is proposed to an approved final development plan or an existing building, structure or site arrangement on a zoning lot otherwise subject to development plan review pursuant to Section 1131.02, the Zoning Inspector may approve the application as specified in this Section.
(a) For the purposes of this Section, a minor alteration shall include:
(1) Small, incidental alterations of existing off-street surface parking lots or areas;
(2) Small, incidental construction of accessory structures;
(3) Incidental additions or alterations to principal buildings on large zoning lots; and,
(4) Minor design modifications that will have no discernible impact on neighboring properties, the public, or those intended to occupy or use the proposed development.
(b) The Zoning Inspector shall review the proposal to determine that the proposal is not contrary to and complies with all applicable regulations in this Zoning Code and will not result in any material adverse impact to the site or surrounding areas.
(c) After reviewing the application, the Zoning Inspector shall:
(1) Approve the development plan as submitted; or,
(2) Deny the development plan when the application does not demonstrate that the required standards have been met.
(Ord. 2023-029. Passed 4-18-23.)
1131.10 ACTION BY THE ZONING INSPECTOR.
In the Town Center Overlay District, the Zoning Inspector shall review and consider final development plans as prescribed in this Section.
(a) The Zoning Inspector shall review the development plan according to the criteria in Section 1131.12.
(b) Following such review of a final development plan, the Zoning Inspector shall:
(1) Approve the final development plan as submitted; or
(2) Submit the final development plan for review by the Planning Commission pursuant to this Chapter.
(c) If the Zoning Inspector approves the final development plan:
(1) The City shall promptly furnish the applicant with its decision on the final development plan; and,
(Ord. 2023-029. Passed 4-18-23.)
1131.11 CRITERIA FOR REVIEWING PRELIMINARY DEVELOPMENT PLANS BY THE PLANNING COMMISSION.
The Planning Commission shall review a preliminary development plan to determine if such application complies with the review criteria set forth below. The Planning Commission shall take into consideration the comments and recommendation of Staff, Administration, and consultants. In order to approve a preliminary development plan, the Planning Commission shall determine that:
(a) The plan is consistent with the Comprehensive Master Plan 1998 and the Comprehensive Master Plan Update 2011 and the Zoning Map of the City;
(b) The appropriate use and value of property within and adjacent to the area will be safeguarded;
(c) The development will result in a harmonious grouping of buildings within the proposed development and in relationship to existing and proposed uses on adjacent property; and,
(d) The development will preserve and be sensitive to the natural and environmental characteristics of the site in a manner that complies with the applicable regulations set forth in this Zoning Code.
(Ord. 2023-029. Passed 4-18-23.)
1131.12 CRITERIA FOR REVIEWING FINAL DEVELOPMENT PLANS.
When reviewing final development plans, the Planning Commission or the Zoning Inspector, as applicable, shall review the development plan to determine if such application complies with the review criteria set forth below. The Planning Commission or the Zoning Inspector, as applicable, shall take into consideration the comments and recommendation of Staff, Administration, and consultants when reviewing the application. In order to approve a final development plan, the Planning Commission or the Zoning Inspector, as applicable, shall determine that:
(a) The plan is consistent with any plan for the orderly development of the City and, when applicable, conforms in all respects to the approved or provisionally approved preliminary development plan and the regulations of this Zoning Code;
(b) The appropriate use and value of property within and adjacent to the area will be safeguarded;
(c) The development will result in a harmonious grouping of buildings within the proposed development and in relationship to existing and proposed uses on adjacent property;
(d) Adequate provision is made for safe and efficient pedestrian and vehicular circulation within the site and to adjacent property;
(e) The development will have adequate public service, parking, and open spaces;
(f) The development will preserve and be sensitive to the natural characteristics of the site in a manner that complies with the applicable regulations set forth in this Zoning Code;
(g) The development will provide adequate lighting for safe and convenient use of the streets, walkways, driveways, and parking areas;
(h) Points of ingress/egress to the development shall be controlled and designed in such manner as to minimize conflicts with adjacent properties and developments;
(i) Adequate provision is made for emergency vehicle access and circulation. Adequate provision is made for fire hydrants and firefighting water supply;
(j) The proposed signs, if applicable:
(1) Are of an appropriate size, scale, and design in relationship with the principal building, site, and surroundings; and,
(2) Adequately identify the use; and
(3) Are located to maintain safe and orderly pedestrian and vehicular circulation.
(k) Site lighting is designed to minimize direct light, glare, and excessive glow, which unreasonably interferes with the use and enjoyment of adjacent property;
(l) The landscape plan will adequately:
(1) Enhance the principal building and site;
(2) Maintain existing trees to the extent possible;
(3) Buffer adjacent incompatible uses, where applicable;
(4) Break up large expanses of pavement with natural material; and,
(5) Provide appropriate plant materials considering the ultimate mature size and shape of plants relative to the buildings and site, and the climate of the area, including typical weather conditions.
(m) Adequate provision is made for storm drainage within and through the site so as to maintain, as far as practicable, usual and normal swales, water courses and drainage areas, and shall comply with the applicable regulations in this Zoning Code, and any other design criteria established by the City or any other governmental entity which may have jurisdiction over such matters; and,
(n) If the project is to be carried out in progressive stages, each phase shall be so planned that the foregoing criteria are complied with at the completion of each phase.
(Ord. 2023-029. Passed 4-18-23.)
1131.13 CRITERIA FOR REVIEWING DEVELOPMENT PLANS BY THE BOARD OF ARCHITECTURAL REVIEW.
(a) In the review of the exterior of buildings, the Board of Architectural Review shall
consider the following:
(1) The overall exterior appearance of any proposed building or structure;
(2) The height, build, and scale of any proposed building or structure with respect to building or structures in the immediate area;
(3) The exterior materials, colors, and textures of any proposed building or structure with respect to their compatibility with other buildings and structures within the vicinity when visually related to the proposed development or structural alteration;
(4) The arrangement of any proposed buildings, structures or uses on the site, as well as their relationship to other buildings and structures within the immediate area;
(5) The exterior architectural character and functional plan of the structure(s) shall not be at such variance with existing structure(s) or structure(s) being built in the immediate neighborhood or zoning district or to cause substantial depreciation in the property values of such existing structure(s) or structure(s) being built; and,
(6) All other factors that affect the appearance of the site and the area.
(b) The Board of Architectural Review shall not attempt to prescribe a single type of architectural style for the City, but rather review the proposed architectural style and design according to the standards and criteria set forth in Section 1133.06 (d) and in this Zoning Code.
(Ord. 2023-029. Passed 4-18-23.)
1131.14 REQUEST FOR ADDITIONAL INFORMATION.
In their review of an application, the Board of Architectural Review, the Planning Commission, the Zoning Inspector and/or the City Engineer may request that the applicant supply additional information deemed necessary to adequately review and evaluate the proposed development.
(Ord. 2023-029. Passed 4-18-23.)
1131.15 SIMULTANEOUS PLAT APPROVAL.
If the proposed development includes the subdivision of land, the development shall be subject to the requirements of the plat approval process in accordance with Title One of Part Eleven of the City’s Codified Ordinances. Final development plan approval and subdivision plat approval may proceed simultaneously at the discretion of the Planning Commission.
(Ord. 2023-029. Passed 4-18-23.)
1131.16 SIGNIFICANCE OF AN APPROVED PLAN; PLAN REVISIONS.
(a) An approved final development plan shall become for the proposed development a binding commitment of the specific elements approved for development. The approved final development plan may be transferred to another person, corporation, or group of individuals or corporations. A request for such a transfer or change of ownership shall be presented to the Zoning Inspector and granted only if the new ownership entity satisfies the administrative, financial, legal and all other performance guarantees approved with the original, final development plan.
(b) All construction and development under any building permit shall be in accordance with the approved, final development plan. Any departure from such plan shall be cause for revocation of the Zoning Permit and/or Building Permit, and the property owner or other responsible parties are subject to penalties as prescribed by this Zoning Code.
(c) Modification after Approval.
(1) Changes in an approved final development plan shall be resubmitted for approval in accordance with this Chapter.
(2) Approval of a modification or amendment to a previously approved final development plan under the terms and provisions of this Chapter shall not extend or alter the one (1) year time limitation established by Section 1131.17, which time shall continue to be measured from the date of approval of the original final development plan.
(Ord. 2023-029. Passed 4-18-23.)
1131.17 EXPIRATION OF DEVELOPMENT PLAN APPROVAL.
An approved development plan shall remain valid for a period of twelve (12) months following the date of its approval, unless the Planning Commission authorizes a longer period at the time of approval or grants an extension to the above stated time frame for good cause.
(a) Preliminary Development Plan. If, at the end of that time, a final development plan has not been submitted to the Zoning Inspector, then approval of the preliminary development plan shall expire and shall be of no effect unless resubmitted and reapproved in accordance with this Chapter.
(b) Final Development Plan. If, at the end of that time, construction of the development has not begun, then approval of such final development plan shall expire and shall be of no effect unless resubmitted and re-approved in accordance with the procedures set forth in this Chapter. Construction is deemed to have begun when all necessary excavation and piers or footings of one or more principal buildings included in the plan have been completed.
(Ord. 2023-029. Passed 4-18-23.)
1131.18 EQUIVALENCY PROVISION.
In reviewing an application, the Planning Commission may find that a development plan either adheres to or is equivalent to the requirements of the Zoning Code.
(a) The Planning Commission may consider features of a development plan to be equivalent to a requirement in the Zoning Code if:
(1) The development plan substantially complies with the specific requirements and the purposes, intent, and objectives of the zoning district;
(2) Through imaginative and skillful design in the arrangement of buildings, open space, streets, access drives and other features shown on the plans, the proposal results in a development with features equivalent to or greater than the municipal standards and requirements; and
(3) The development has no significant adverse impact upon the surrounding property or upon the health, safety or general welfare of the City residents.
(b) The applicant shall submit a written statement to the Planning Commission explaining how the equivalency requirements of this Section have been satisfied. The Planning Commission shall make a written finding stating and explaining how the proposal has satisfied the equivalency criteria. The Planning Commission may approve the application, including waivers from the municipal standards herein, if the application otherwise complies with municipal standards, specifications, ordinances and requirements of the Zoning Code.
(c) Approval of equivalent requirements is not a variance. This section allows the applicant to satisfy a requirement in a manner not anticipated by the City.
(Ord. 2023-029. Passed 4-18-23.)
1131.19 APPEALS OF DECISIONS.
Decisions by the Planning Commission granting or denying approval of development plan applications pursuant to this Code shall be final and shall not be appealed to the Board of Zoning Appeals or the City Council unless authorized by state and/or federal laws or regulations. Final administrative actions of the Planning Commission are subject to judicial review in accordance with Ohio Revised Code.
(Ord. 2023-029. Passed 4-18-23.)
1131.20 APPROVAL OF DEVELOPMENT PLAN REQUIRING VARIANCES.
If the development plan application requires approval of both a development plan and a variance, the applicant shall first seek preliminary development plan approval. If the Planning Commission finds that any regulations, standards or criteria prescribed by the Zoning Code are inappropriate or inapplicable because of the unusual conditions of the proposed subject site or the character of the proposed development, and that an adjustment in such regulations, standard, or criteria shall promote the public health, safety, property or general welfare and shall meet the criteria set forth in this Chapter, the Planning Commission may recommend to the Board of Zoning Appeals that such adjustment be made.
(Ord. 2023-029. Passed 4-18-23.)
1133.01 PURPOSE.
This Chapter sets forth the powers and duties of the Zoning Inspector, City Engineer, Planning Commission, Board of Architectural Review, Board of Zoning and Building Code Appeals, and the City Council for the administration, interpretation, and enforcement of this Zoning Code as granted by the Ohio Constitution, the Ohio Revised Code, and the City Charter.
(Ord. 2023-029. Passed 4-18-23.)
1133.02 ZONING INSPECTOR.
(a) Zoning Inspector. The Zoning Inspector shall implement, administer, and enforce the Zoning Code except when such responsibilities have been delegated to others as provided herein or the City’s Code of Codified Ordinances.
(b) Powers and Duties. The Zoning Inspector or designee shall have the following powers and duties:
(1) Administer, enforce, and interpret the provisions of the Zoning Code.
(2) Inspect and examine premises and to order in writing the remedying of any condition found to exist in violation of any of the provisions of this Zoning Code including issuing notices citing a violation of this Zoning Code and written orders to stop the work in violation of the Code and notices to correct a violation of the Zoning Code.
(3) Pursue legal action in a court of competent jurisdiction to remedy the violation with temporary restraining orders, temporary and permanent injunctions, abatement, and other legal and equitable relief.
(4) Accept and review applications to assure they are complete and satisfy the submission requirements, set forth herein and make written comments upon such applications.
(5) Approve and issue all Zoning Permits and Zoning Certificates of Compliance and make and maintain records thereof.
(6) Review and act upon Final Development Plans pursuant to this Zoning Code.
(7) Respond to questions within the Zoning Inspector's authority and jurisdiction regarding applications being contemplated or which have been submitted.
(8) Coordinate the City's review of applications subject to review by the Planning Commission, Board of Architectural Review, Board of Zoning and Building Code Appeals, City Council and/or other administrative officials.
(9) Preserve, maintain and store records related to the administration of this Zoning Code including records of all applications, documents in support thereof, approvals, certificates, variances, Zoning Code amendments, conditional uses, similar use determinations, and inspection documents.
(10) Make all records available for review by the Council, the Planning Commission, Board of Zoning and Building Code Appeals, Board of Architectural Review, and the public as required by the Ohio Public Records Act.
(11) Inspect or cause the inspection of buildings and uses of land to determine compliance with the Zoning Code.
(12) Maintain the "Official Zoning District Map" of the City of Bedford Heights.
(13) Provide technical advice and assistance to the Council, Board of Zoning and Building Code Appeals, Board of Architectural Review, the Planning Commission, other boards and commissions and City officials.
(14) To act on any other matters upon which the Zoning Inspector is required to under the Zoning Code.
(15) Determine if a proposed use, not specifically listed in or addressed by this Zoning Code, is a Similar Use as provided herein. A proposed use may be approved as a Similar Use when the Zoning Inspector determines that it complies with the following criteria:
A. The proposed use is not explicitly stated as prohibited in the zoning district or the Zoning Code;
B. The proposed use is not listed as a permitted, restricted, or conditional use in another zoning district;
C. The proposed use is consistent with the purpose statement of, and is most appropriately located in the requested zoning district;
D. The proposed use has characteristics of, or is much like, a permitted, restricted, or conditional use in the zoning district.
(Ord. 2023-029. Passed 4-18-23.)
1133.03 CITY ENGINEER.
(a) City Engineer. There is hereby established the position of City Engineer. The City Engineer may be a City employee or a consultant.
(b) Powers and Duties. The City Engineer shall have the following powers and duties:
(1) Review and comment on developer submittals;
(2) Assist other City Staff and Administration with technical and engineering issues;
(3) Meet with City Staff and Administration as well as developers on an as-needed basis;
(4) Assist with technical issues related to development, planning, transportation and general City engineering topics;
(5) Review engineering submittals of developer’s engineers or city consultants as requested; and,
(6) Perform other engineering tasks as designated by City Code or as otherwise assigned.
(Ord. 2023-029. Passed 4-18-23.)
1133.04 PLANNING COMMISSION.
(a) Planning Commission. The Ohio Constitution, the Ohio Revised Code and City of Bedford Heights Charter Article X authorizes the establishment and provides the composition of the Planning Commission while Chapter 145 of Part One of the City’s Administrative Code details the rules and procedures of the Planning Commission.
(b) Powers and Duties. The Planning Commission shall have the powers and duties granted in Charter Section 10.02, the Ohio Constitution, the Ohio Revised Code, and the following:
(1) Prepare and submit to Council comprehensive plans and amendments thereto, addressing the future development and capital improvement needs of the City, taking into consideration the existing utilities, convenience, aesthetics, physical needs, densities and the social welfare, health, safety and physical well-being of the residents.
(2) Consider, investigate, and report upon any special matter or issue within the scope of its jurisdiction and authority, and make recommendations thereon when requested by City Council.
(3) Investigate, conduct hearings, prepare reports and make recommendations to Council on amendments to the Zoning Code and the Official Zoning Map, which the Planning Commission determines are consistent with the purposes thereof and which further the public health, safety, and general welfare of the residents of the City.
(4) Conduct hearings and decide all matters properly before the Commission.
(5) Review and act upon Preliminary Development Plans, Final Development Plans, Subdivision Plats, Restricted Uses, and Conditional Uses submitted pursuant this Zoning Code.
(6) To hear and decide any other matters upon which it is required to take action under the Zoning Code.
(Ord. 2023-029. Passed 4-18-23.)
1133.05 BOARD OF ZONING AND BUILDING CODE APPEALS.
(a) Board of Zoning and Building Code Appeals. City of Bedford Heights Charter Article XI authorizes the establishment the Board of Zoning and Building Code Appeals.
(b) Appointment. The Board of Zoning and Building Code Appeals as presently constituted shall continue in office. In this Chapter and throughout this Part Eleven - Planning and Zoning Code, the Board of Zoning and Building Code Appeals shall be referred to as the Board of Zoning Appeals, or just the Board.
(c) Procedure. The Board of Zoning Appeals shall organize, elect a Chairman and Vice-Chairman, and adopt rules for its own government in accordance with this Zoning Code and other applicable regulations of the City. Meetings of the Board shall be held at the call of the Chairman, and at such other times as the Board may determine. Such Chairman, or in his absence the Vice-Chairman, may administer oaths and the Board may compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board, and shall be a public record.
(d) Quorum. Three (3) members of the Board of Zoning Appeals shall constitute a quorum. The concurrence of three members of the Board shall be necessary to decide in favor of any applicant in any matter on which it is required to pass under this Zoning Code, except as otherwise provided for in this Zoning Code.
(e) Assistance from Other Departments. The Board of Zoning Appeals may call upon City departments for assistance in the performance of its duties, and it shall be the duty of such departments to render such assistance to the Board as may be reasonably required.
(f) Powers and Duties. The Board of Zoning Appeals shall hear appeals on decisions made by the Zoning Inspector or by any administrative officer, in matters relating to this Zoning Code, for relief from any order, requirement, decision or determination, including the refusal, granting or revocation of permits and certificates, and may thence decide appeals by either reversing, affirming, wholly or in part, or modifying, such order, requirement, decision or determination.
The Board shall also have the following powers and duties:
(1) Interpretation of Zoning Text and Maps. The Board shall have the power to hear and decide, in accordance with the provisions of this Zoning Code, an application for interpretation of the Zoning Code text or maps, or for decisions upon other special questions upon which the Board is authorized to pass by this Zoning Code.
(2) Nonconforming uses; substitution. The Board shall have the power to substitute a nonconforming use existing at the time of enactment (Ordinance 72-13, passed July 11, 1972) of this Zoning Code or amendment thereto with another nonconforming use if no structural alterations, except those required by law or resolution, are made; provided, however, that any such change is to a use of the same degree of nonconformity as determined by the most restrictive district in which the existing nonconforming use is permitted and only if the Board finds that the proposed use is not more injurious to adjacent properties and the public interest, health, safety and general welfare than the existing nonconforming use.
(3) Temporary structures and uses. The Board may authorize the temporary use of a structure or premise in any district for a purpose or use that does not conform to the regulations prescribed elsewhere in this Zoning Code for the district in which it is located, provided that such use is of a temporary nature and does not involve the erection of a substantial structure. A zoning permit for such use shall be granted in the form of a temporary and revocable permit, for not more than a six month period, subject to such conditions as will safeguard the public health, safety, convenience and general welfare.
(4) Interpretation of Zoning Map. Where the street or lot layout actually on the ground, or as recorded, differs from the street and lot lines as shown on the Zoning Maps, the Board, after notice to the owners of the property and after public hearing, shall interpret the Map in such a way as to carry out the intent and purpose of this Zoning Code. In case of any question as to the location of any boundary line between zoning districts, a request for interpretation of the Zoning Maps may be made to the Board and a determination shall be made by the Board.
(5) Interpretation of Zoning Text. If there is uncertainty as to the meaning and intent of a textual provision of this Zoning Code, the Secretary of the Board, the Zoning Inspector or the Chairman of the Planning Commission may request the Board to interpret the same, and the Board shall make a determination within thirty (30) days, provided that the Law Director shall be consulted by the Board concerning the meaning and intent of any and all textual provisions of this Zoning Code, prior to any such determination by the Board in compliance with the provisions of this subsection.
(6) Administrative Review. The Board shall have the power to hear and decide appeals, filed as hereinbefore provided, where it is alleged by the appellant that there is error in any order, requirement, decision, determination, grant or refusal made by the Zoning Inspector or other administrative official in the enforcement and interpretation of the provisions of this Zoning Code.
(7) Variances; General Standards for Granting. The Board shall have the power, in specific cases, to vary the application of any provision of this Zoning Code in terms of the standards in Chapter 1138 so that public health, safety, morals and general welfare may be safeguarded and substantial justice done.
(8) Additional prohibited uses. The determination of additional prohibited uses, as regulated in Section 1127.03 and other applicable provisions of this Zoning Code.
(9) Requirement of bond. In authorizing a variance, with attached conditions, the Board shall require such evidence and guarantee or bond as it may deem to be necessary to enforce compliance with the conditions attached.
(10) To hear and decide appeals from decisions of the Board of Architectural Review.
(11) To hear and decide on all matters referred to and upon which it is required to by this Zoning Code.
(Ord. 2023-029. Passed 4-18-23.)
1133.06 BOARD OF ARCHITECTURAL REVIEW.
(a) Board of Architectural Review. For the purpose of promoting the orderly and harmonious development of the City, the stability of real estate values and investments and the general welfare, and of helping to prevent the impairment of such developments, no building or structure shall be erected, constructed, altered or enlarged in any manner which would adversely affect the values of the neighborhood in which it is located and cause depreciation of real estate values and investments as a direct result of unsightly, disharmonious, obnoxious or otherwise undesirable appearance owing to the exterior design of such building or structure. Therefore, there is hereby created a Board of Architectural Review which shall be appointed by the Mayor subject to confirmation by Council.
(b) Membership.
(1) The Board shall consist of three (3) members, as follows: a member of the Planning Commission, an architect and a citizen who because of his professional training or business experience is considered by the Mayor and Council to be qualified for appointment to this Board.
(2) Members of the Board of Architectural Review shall be appointed for a term of three (3) years, arranged so that one term shall expire each year, provided, however, that the terms of the first three (3) members appointed shall be of such length and so arranged that the term of one will expire each year. A vacancy for any expired term shall be filled in the same manner as an original appointment. The Chairman shall be designated by the Mayor at the beginning of each year.
(3) The Board shall organize and adopt rules for its own government, not inconsistent with any provisions of this Zoning Code or any other applicable regulations of the City, as may be necessary to carry into effect the duties and responsibilities conferred in this Zoning Code.
(4) Each member shall serve until his successor is appointed and qualified. Continued absence of any member from three (3) consecutive regular meetings of the Board, unless excused from a regular meeting by the Chairman, and at the discretion of the Mayor, shall be reason to render any such member liable to immediate removal, subject further to confirmation of Council.
(c) Functions of the Review Board. Every application for a development plan for the construction, reconstruction or alteration of any structure which requires review and approval by the Board of Architectural Review under applicable provisions of this Zoning Code, and in all other cases when, in the opinion of the Zoning Inspector or the Planning Commission, a proposed building or structure, enlargement or alteration would tend to have such adverse effects as described in Section 1133.06 (a), and as further evidenced by plans, elevations and other information submitted in accordance with the requirements of this Zoning Code, such plan or plans and other information shall be submitted by the Zoning Inspector to the Board of Architectural Review provided it conforms in all respects to all other applicable laws and ordinances. The Board of Architectural Review may approve, conditionally approve or reject the exterior design of any proposed building or structure, enlargement or alteration, and may modify or request such modifications as it may deem necessary to carry out the purpose and intent of this Zoning Code.
(d) Review Board Criteria. Standards, regulations, and criteria are hereby set forth to be administered by the Board of Architectural Review for the purpose of alleviating, to the extent possible, the occurrence of adverse effects referred to in Section 1133.06 (a). The Board of Architectural Review may request a redesign or may disapprove any application for a development plan referred to it, provided it finds that the building or structure for which the permit was applied would, if erected, be so detrimental to the desirable property values or development of the surrounding areas as to provoke one or more of the harmful effects set forth in Section 1133.06 (a) by reason of:
(1) Excessive Similarity. To any other building or structure, existing or for which an approval has been issued, or to any other building or structure included in the same application, facing upon the same street and within 150 feet of the proposed site, with respect to one or more of the following features of exterior design and appearance:
A. Apparently identical facade, bulk and mass of building;
B. Substantially identical size and arrangement of either the entrance, windows or other openings or breaks in the facade facing the street, including a direct reverse arrangement; or
C. Other significant identical features, such as, but not limited to, materials, roof line and height or other design elements, provided it is found that the excessive similarity is of such a nature as to be expected to provoke beyond reasonable doubt one or more of the adverse effects set forth in Section 1133.06 (a).
(2) Excessive Dissimilarity. Or inappropriateness in relation to any other building or structure, existing or for which a permit has been issued, or to any other building or structure included in the same permit application, facing upon the same street and within 150 feet of the proposed site, with respect to significant design features such as material or quality of architectural design, provided it is found that the excessive dissimilarity is of such a nature as to be expected to provoke beyond reasonable doubt one or more of the adverse effects set forth in Section 1133.06 (a); or
(3) Architectural Character. An underlying architectural character should prevail. There should be some repetition of basic elements through harmony of colors and a common scale. However, each individual dwelling should have an identity and the result should be an aesthetic unity. All buildings shall be set at proper grades and otherwise in proper relation to the proposed surroundings, provided that the findings should not be based on personal preference as to taste or choice of architectural style and a finding of inappropriate design shall mean that it is of such nature as to produce one or more of the adverse effects set forth in Section 1133.06 (a).
(4) Failure to comply with the applicable Required Design Standards in this Zoning Code.
(e) Procedure, Quorum and Vote. The Chair of the Board of Architectural Review, after consultation with the Zoning Inspector, shall determine the schedule of regular meetings of the Board in order that applications can be processed expeditiously in accordance with provisions of applicable regulations of this Zoning Code, provided that special meetings of the Board can be called by the Chair. If the Board does not act within twenty calendar days after it has received the application from the Zoning Inspector, the exterior design of buildings and structure submitted as part of an application for development plan review may be considered approved.
Approval of the exterior design of buildings and structure submitted as part of development plan applications may be by not less than the concurring vote of at least two members. However, any disapproval shall be by the unanimous vote of all three members of the Board. No member of the Board shall participate in the review of any work in which he, his partner or his professional associate has any direct or indirect interest, provided that in the event that a review of any work in which a member of the Board, his partner or his professional associate has any direct or indirect interest, is scheduled, then a temporary replacement for such member shall be selected by the Mayor, only for review of the work in question. The temporary replacement, in this case, shall have all of the rights and prerogatives of an appointed member of the Board for the period during which he is engaged in his temporary duty, and upon completion of the review he shall be dismissed and the original member restored to his full authority.
(f) Report. The Board of Architectural Review shall provide for a detailed report of all its proceedings and shall submit a copy of its decisions on the exterior design of buildings and structures submitted as part of development plan applications to the Planning Commission and to the Secretary of Council.
(g) Appeals from Decisions of the Review Board. Any person or persons jointly or severally aggrieved by any decision of the Board of Architectural Review may appeal therefrom to the Board of Zoning Appeals in the same manner as provided for appeals from other regulations in this Zoning Code. The Board of Zoning Appeals may reverse, modify or affirm the action, and its decision shall be considered final.
(Ord. 2023-029. Passed 4-18-23.)
1133.07 CITY COUNCIL.
City Council shall have the powers and duties granted in the Ohio Constitution, the Ohio Revised Code, and the following:
(a) To hold public hearings and act upon proposed amendments to this Zoning Code including text amendments and amendments to the Official Zoning Map which the Council determines are consistent with the purposes thereof and which further the public health, safety, and general welfare of the residents of the City.
(b) To investigate and propose on its own initiative such amendments to the Zoning Code as it may deem consistent with the purposes of this Zoning Code and which further the public, health, safety, and general welfare of the City of Bedford Heights.
(c) Establish, by ordinance or resolution, a schedule of fees; and,
(d) To hear and decide all other matters referred to and upon which it is required to pass by this Zoning Code or the City's Charter.
(Ord. 2023-029. Passed 4-18-23.)
1135.01 COUNCIL MAY AMEND CODE .
Whenever the public necessity, convenience, general welfare or good zoning practice requires it, Council may, by ordinance, after recommendation thereon by the Planning Commission and subject to the procedure provided in this chapter, amend, supplement or change the regulations, district boundaries or classification of property, now or hereafter established by this Zoning Code or amendments hereof. It shall be the duty of the Commission to submit to Council recommendations regarding all applications or proposals for amendments or supplements, An amendment, supplement, reclassification or change may be initiated by the Commission on its own motion, by motion of Council, or by filing of a verified application therefor by one or more of the owners or lessees of property within the area proposed to be changed or affected by the proposed amendment or supplement.
(Ord. 72-13. Passed 7-11-72.)
1135.02 PROCEDURE FOR CHANGE .
(a) Applications. Applications for any change of district, boundaries or classifications of property as shown on the Zoning Map, and for regulation amendments, shall be submitted to the Planning Commission at its public office, upon forms supplied by the Commission, and accompanied by such data and information as may be prescribed for that purpose by the Commission, so as to assure the fullest practicable presentation of facts for the permanent record. Such data shall include, in any event, a plat or map drawn to a scale of not less than 100 feet to the inch showing the land in question, its location, the length and location of each boundary thereof, the location and existing use of all buildings and the principal use of all properties within 300 feet of such land. Each such application shall be verified by at least one of the owners or lessees of property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the application. Applications for amendment or district changes initiated by the Commission or Council shall be accompanied by a resolution of record of either body pertaining to such proposed amendment.
(b) List of Property Owners. Any person or persons desiring a change in the zoning classification of property shall file with the application for such change a statement giving the names and addresses of the owners of all properties lying within 300 feet of any part of the exterior boundaries of the premises the zoning classification of which is proposed to be changed.
(Ord. 72-13. Passed 7-11-72.)
1135.03 COMMISSION HEARING; PUBLIC NOTICE.
Before submitting its recommendations on a proposed amendment or reclassification to Council, the Planning Commission shall hold at least one public hearing thereon, notice of which shall be given by one publication in a newspaper of general circulation in the City at least ten days before the date of such hearing. The notice shall state the place and time at which the proposed amendment to the Zoning Code, including text and maps, may be examined.
(Ord. 72-13. Passed 7-11-72.)
1135.04 PLANNING COMMISSION RECOMMENDATIONS.
Following such hearing, the Planning Commission may recommend that the application be granted as requested, or it may recommend a modification of the zoning amendment requested in the application, or it may recommend that the application be denied. These recommendations shall then be certified to Council.
(Ord. 72-13. Passed 7-11-72.)
1135.05 COUNCIL HEARING.
(a) Notice. After receiving from the Planning Commission the certification of the recommendations on the proposed amendment or supplement, and before adoption of such amendment, Council shall hold a public hearing thereon, at least thirty days notice of the time and place of which shall be given by publication in a newspaper of general circulation in the City. If the proposed Zoning Code amendment intends to rezone or redistrict ten or less parcels of land, as listed in the tax duplicate, written notice of the hearing shall be mailed by the Clerk of Council, by first-class mail, at least twenty days before the date of the public hearing to the owners of property within and contiguous to, and directly across the street from, such parcel or parcels, to the addresses of such owners appearing on the County Auditor's current tax list.
(b) Final Action. Following such hearing and after reviewing the recommendations of the Commission thereon, Council shall consider such recommendations and vote on the passage of the proposed amendment to the text of the Zoning Code or the Zoning Map. Council may overrule the recommendations of the Commission by affirmative vote of not less than five members of Council.
(Ord. 72-13. Passed 7-11-72.)
1135.06 MAP CHANGE PENDING; ZONING CERTIFICATE; BUILDING PERMIT.
Whenever Council has taken under advisement a change or amendment of the Zoning Map from a less restricted district to a more restricted district classification, as evidenced by a resolution of record, no zoning certificate or building permit shall be issued within ninety days from the date of such resolution which would authorize the construction of a building or the establishment of a use which would become nonconforming under the contemplated redistricting plan.
(Ord. 72-13. Passed 7-11-72.)
1136.01 INTENT.
The administrative provisions of this Chapter establish the procedures for reviewing and acting upon applications for Zoning Permits and Certificates of Zoning Compliance, in order to accomplish the purposes for which this Zoning Code is adopted. This Chapter sets forth the basic parameters for permits and certificates required for all administrative applications submitted for consideration pursuant to this Zoning Code. These permits and certificates shall not be issued until the detailed Development Plan Review Procedures in Chapter 1131 have been satisfied. Additionally, prior to the issuance of permits and certificates pursuant to this Chapter, any application for a variance, appeal, or conditional use shall also be subject to the procedures, standards, and criteria set forth in this Zoning Code.
(Ord. 2023-029. Passed 4-18-23.)
1136.02 ZONING PERMIT REQUIRED.
No excavation, grading, or improvement shall be commenced, and no building or structure shall be erected, constructed, enlarged, structurally or otherwise materially altered, or moved in whole or in part, and no use of buildings or land shall be established or changed in the City of Bedford Heights prior to the issuance of a Zoning Permit. A Zoning Permit shall be issued by the Zoning Inspector only when the plans for the proposed use, building, structure, construction, or reconstruction fully comply with the regulations set forth in this Zoning Code.
(a) A Zoning Permit shall be issued under the following circumstances:
(1) Single-Family Detached and Two-Family Dwellings and Uses Accessory Thereto. An application for a single-family detached and two-family dwellings or use accessory thereto has been reviewed and approved by the Zoning Inspector according to the procedures of this Zoning Code.
(2) All Other Permitted Uses. An application for any other permitted use not described in sub-section (a)(1) above, has been reviewed and approved according to the development plan review procedures set forth in Chapter 1131, Development Plan Review Procedures or reviewed and approved pursuant to any other applicable procedures set forth in this Zoning Code.
(b) Applications. Applications for Zoning Permits are available in City Hall. A completed application form accompanied by all other applicable submission requirements and fees shall be submitted to the Zoning Inspector.
(c) Expiration of Zoning Permit. All Zoning Permits, except those for single-family detached and two family dwelling units, shall expire if work there under does not progress under a schedule at least as rapid as the following, unless the Planning Commission finds due cause to extend such deadlines. Zoning Permits that have expired shall require a new application, and the applicant shall comply with all provisions of this Code in effect on the date of the new application.
(1) Six (6) months from issuance, work shall have begun (e.g., ground shall have been broken).
(2) Two (2) years from issuance, work shall be complete as shown on the approved development plan.
(Ord. 2023-029. Passed 4-18-23.)
1136.03 CERTIFICATE OF ZONING COMPLIANCE REQUIRED.
A Certificate of Zoning Compliance is a document issued by the Zoning Inspector that certifies that a project, as constructed, complies with the terms and requirements of this Zoning Code and the Zoning Permit previously issued. The Certificate of Zoning Compliance certifies that the building may be occupied and/or the property used when the applicant has submitted documentation that all inspections and approvals authorizing the use and/or occupancy of the building and/or property have been secured and that the building and site will only be used and/or occupied for the use or uses authorized in the Zoning Permit. No land, new building, or structure shall be occupied or used, in whole or in part, and no change in the use of an existing building or structure, or any part thereof, shall be permitted, until a Certificate of Zoning Compliance has been applied for and issued by the Zoning Inspector. A Certificate of Zoning Compliance shall also be required prior to the use or occupancy of any building or land, if Section 1136.02, Zoning Permit Required, requires said land or building to receive a Zoning Permit.
(a) Certificate of Zoning Compliance shall be applied for and issued as follows:
(1) Occupancy of a Building. A Certificate of Zoning Compliance shall be required before a building that has been constructed, or an existing building that has been altered, moved, changed in use, changed in tenancy, or changed as to off-street parking or loading requirements may be occupied. A Certificate of Zoning Compliance shall only be issued after the completion of the erection or alteration, or change in use of the building and the building is found, upon inspection, to conform with the provisions of this Zoning Code, any other applicable City regulation; policies and specifications; and the Zoning Permit previously issued, if applicable.
(2) Occupancy of Land. A Certificate of Zoning Compliance shall be required before occupancy of the land or where use of the land has been changed to a use different from the prior use. A Certificate of Zoning Compliance shall be issued when it is determined, upon inspection, that the use conforms with the provisions of this Zoning Code.
(3) Change in Use of Nonconforming Building or Use. A Certificate of Zoning Compliance shall be required whenever a nonconforming building, structure, or land is changed to another nonconforming use, and shall not be issued until the Board of Zoning Appeals has approved the change in accordance with the provisions of Chapter 1129, Nonconforming Uses of Land and Buildings.
(b) An application for Certificate of Zoning Compliance shall include, in addition to the plans required for the Zoning Permit, accurate information as to the size, location, drawings and description of the lot, the dimensions of yards, setbacks, and the use of land.
(c) The use and/or development of a building or land shall be inspected by the Zoning Inspector upon application for a Certificate of Zoning Compliance, by the owner or his agent, to determine whether such use or development complies with the previously issued Zoning Permit, if applicable as well as to all provisions of this Zoning Code, or if it is a lawfully existing nonconforming use.
(d) Action by Zoning Inspector. The Zoning Inspector shall evaluate the application and approve or deny it within fourteen working days from the date the completed application was submitted. In evaluating the application, the Zoning Inspector may consult with any department, agency, public body, official, consultant, company, or individual necessary to determine whether the application complies with the regulations of this Zoning Code. Following the Zoning Inspector’s review and inspection:
(1) Approve. The Zoning Inspector shall issue a Certificate Zoning of Compliance upon finding that the building, structure or use, as proposed, complies with the provisions of this Zoning Code and the previously issued Zoning Permit, if applicable, if the performance guarantees have been provided, as required.
(2) Denial. If it is determined by the Zoning Inspector that the proposed building, structure or use would violate one or more provisions of this Zoning Code or does not comply with the previously issued Zoning Permit, then the Certificate of Zoning Compliance shall not be issued. Upon disapproval of any application, the Zoning Inspector shall notify the applicant in writing of the reasons for disapproval.
(3) Temporary Certificate of Zoning Compliance. Pending the issuance of a permanent Certificate of Zoning Compliance, a temporary certificate may be issued, to be valid for a period not to exceed (6) six months from its date, pending the completion of any required improvements, provided a performance guarantee has been provided to the City from a banking institution of sufficient amount to cover the estimated cost of materials and labor and in a form acceptable to the Law Director.
(e) Records. A record of all applications and certificates issued shall be kept on file in the office of the Zoning Inspector, and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building or land affected.
(f) Certificate of Use and Occupancy; When Effective. A Certificate Zoning Compliance shall remain in effect as long as the use of such building or land is in full conformity with provisions of this Zoning Code and with any conditions upon which such certificate was issued. Upon the service of notice of any violation of the provisions or conditions of this Zoning Code or any other applicable ordinance, the Certificate of Zoning Compliance shall become null and void and a new certificate shall be required for any further use or occupancy of such building or land.
(Ord. 2023-029. Passed 4-18-23.)
1137.01 INTENT.
The purpose of this Chapter is to provide procedures for the approval and issuance of a Conditional Use Certificate, which is required before a conditional use shall commence.
(Ord. 2023-029. Passed 4-18-23.)
1137.02 DESIGNATION AS A CONDITIONAL USE.
(a) Certain types of uses are classified as conditional uses because of their uncommon or unique characteristics, infrequency of occurrence, large area requirements, or potential for significant impact on a particular district. The forces that influence decisions regarding the nature, magnitude and location of such types of land use activities are many and varied, depending upon functional characteristics, competitive situations, and the availability of land. Consequently, the conditional use procedures call for a flexible and equitable review for properly accommodating such activities in the community.
(b) In order to accomplish such a dual objective, this Chapter sets forth a review procedure that enables a more detailed consideration of each conditional use in regard to the proposed conditions of location, design, size, operation, intensity of use, generation of noise, lighting, traffic and traffic movement, concentration of population, processes and equipment employed, and amount and kinds of public facilities and services required, together with many other factors. Review of this information by the Planning Commission ensures that each proposed conditional use is consistent with the intent and objectives of the particular district in which it is to be located.
(Ord. 2023-029. Passed 4-18-23.)
1137.03 PREAPPLICATION MEETING ENCOURAGED.
The applicant is encouraged to meet with City Administration and Staff prior to submitting an application for a Conditional Use Certificate to discuss the requirements of the conditional use regulations and the submittal procedure for issuance of a Conditional Use Certificate. The purpose of this meeting is to discuss early and informally with the applicant the purpose and effect of these zoning regulations and the criteria and standards contained within. However, no action shall be taken at such a meeting. No discussions, opinion, suggestions, or recommendations shall be relied upon by the applicant to indicate subsequent approval or disapproval of the application.
(Ord. 2023-029. Passed 4-18-23.)
1137.04 APPLICATION.
The owner or agent thereof shall file an application for a Conditional Use Certificate with the Zoning Inspector and pay the application fee. The application for a Conditional Use Certificate shall disclose all uses proposed for the development, their location, extent, and characteristics and shall include the information required by this Zoning Code. A development plan and associated documentation, unless the Zoning Inspector determines specific submittal items are inapplicable or unnecessary and are waived by the Zoning Inspector, shall be submitted with the Conditional
Use Certificate application.
(Ord. 2023-029. Passed 4-18-23.)
1137.05 APPLICATION PROCEDURES.
An application for Conditional Use Certificate shall be considered as follows:
(a) Review for Completeness. Within ten (10) days after receiving an application for Conditional Use Certificate, the Zoning Inspector shall review the submitted application for completeness, payment of fees, and compliance with the applicable submission requirements. If the application is deemed insufficient, the Zoning Inspector shall notify the applicant of the necessary changes or additional information needed. When the application is deemed complete and the application fee has been paid, the Zoning Inspector shall officially accept the application for consideration of the action(s) requested on the date such determination is made.
(b) Staff Review. The Zoning Inspector shall transmit copies of the application documents to the City staff and City consultants for review. The City staff and the consultants shall transmit their written comments and recommendations to the Zoning Inspector within ten (10) business days of receipt for review.
(c) Public Hearing. After the application review is completed, the Zoning Inspector shall schedule the application for hearing before Planning Commission. Members of the Planning Commission shall receive copies of the application documents; consultant’s review comments and recommendations; City staff's review and recommendations; and such other available documents and information that may assist the members of the Planning Commission in making a decision. The Commission may recess such hearings from time to time, and, if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required.
(d) Public Notice. Prior to the hearing before the Planning Commission, a Notice of Public Hearing shall be:
(1) Published in a newspaper of general circulation in the City at least ten (10) days before the Planning Commission meeting. The notice shall state the date, time and place of the public hearing; the conditional use requested in the application; and a statement that any interested party may be heard at the meeting.
(2) Mailed at least ten (10) days before the Planning Commission meeting to the applicant and all owners of land within 300 feet of the boundary of property that is the subject of the application. The notice shall set forth the date, time, and place of the public hearing, the conditional use requested in the application and a statement that any interested party may be heard at the meeting. The notice shall be sent to each owner at the tax mailing address listed in the property records of Cuyahoga County. Failure of delivery of the notice shall not invalidate Planning Commission action taken on the application.
(3) Notice of the agenda for a public hearing on a Conditional Use Certificate application before the Planning Commission shall also be posted in the main entrance of the Municipal Building for a period of at least fourteen (14) days stating the time and place of the hearing.
(e) Testimony at Public Hearing. Any person may testify at the public hearing. All testimony shall be given under oath. A person who testifies shall be subject to questioning by members of the Planning Commission and the applicant. The Planning Commission shall consider competent testimony and evidence, reports and staff comments and recommendations. The Planning Commission may recess a public hearing to a later certain date, and no further public notice shall be required. After the presentation of evidence and comments by the Commission members, applicant and City representatives, the hearing shall be closed.
(f) Review of Application and Documentation. The Planning Commission may require the applicant to submit such additional information as deemed necessary including the carrying out of special studies and the provisions of expert advice. A deposit from the applicant may be required for the above. Such additional reports, data, documents, plans, comments or expert opinions shall be received by, or submitted to, the Zoning Inspector and timely transmitted to the Planning Commission.
(g) Decision. The Planning Commission shall review and discuss the application, comments and recommendations of the City staff and consultants, the evidence and testimony presented at the public hearing and shall apply the conditional use criteria in Section 1137.06, the applicable standards in Chapter 1171, Use-Specific Standards, and any other applicable standards in this Zoning Code. The Planning Commission shall review the preliminary development plan for the Conditional Use according to the review process in Chapter 1131.
(1) After closing the hearing, the Planning Commission shall discuss the preliminary development plan and findings of fact that address each of the criteria listed in Section 1137.06.
(2) The Planning Commission shall approve a Conditional Use when the record supports a finding that the application conforms and complies with the review criteria for a conditional use. The Planning Commission may approve the application as submitted, attach conditions to the approval, approve the application with the condition of later approval of a final development plan or deny the application.
(3) The Announcement of Decision shall include findings of fact and discuss evidence in the record that supports the general criteria for all conditional uses and the requirements for the proposed conditional use in Section 1137.06 and Chapter 1171, Use-Specific Standards. The Commission may vote upon the application, incorporating the adopted findings of fact and such terms and conditions as it may require, for final vote within thirty-five (35) calendar days.
(4) If the Planning Commission denies the application, the Announcement of Decision shall include findings of fact and state the grounds for denial.
(5) Within ten (10) business days of the decision, the Zoning Inspector shall issue a Conditional Use Certificate and shall transmit a copy of the Announcement of Decision to the applicant, the Secretary of Planning Commission, and the Clerk of Council.
(6) Failure of the Planning Commission to Act. If the Planning Commission fails to act within sixty (60) days from the date the application was deemed complete, or an extended period as may be agreed upon, then the applicant may deem the Conditional Use Certificate denied.
(Ord. 2023-029. Passed 4-18-23.)
1137.06 GENERAL CRITERIA FOR CONDITIONAL USES.
A conditional use and uses accessory to such conditional use shall be permitted in a district only when specified as a conditional use in such district, and only if such use conforms to the following general criteria, which are in addition to the specific conditions, standards and regulations set forth in Chapter 1171, Use-Specific Standards and other applicable standards in this Zoning Code. The Planning Commission shall review the particular facts and circumstances of each proposed use in terms of the following criteria and shall find adequate evidence that:
(a) A conditional use shall be designed, constructed, operated and maintained to be compatible with the existing uses in the general vicinity and the permitted uses of the zoning district in which it is located.
(b) The conditional use shall not endanger the public health, safety, or general welfare.
(c) The conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted by right in the zoning district.
(d) The conditional use will be minimally impacted in the future by surrounding uses permitted by right that may be incompatible with the conditional use.
When evaluating applications utilizing the above criteria, the Planning Commission should judge the appropriateness of the proposed conditional use based upon its anticipated impacts given the scope of the proposed use on the subject site understanding that the City has already accepted impacts normally associated with such a conditional use when the use was listed as a conditional use in the zoning district.
(Ord. 2023-029. Passed 4-18-23.)
1137.07 TERMS AND DURATION OF CONDITIONAL USE CERTIFICATE.
Following the Planning Commission's approval of an application for Conditional Use Certificate, the Zoning Inspector shall issue a Conditional Use Certificate.
(a) A Conditional Use Certificate shall authorize a particular conditional use on a specific parcel for which it was approved. A Conditional Use Certificate issued pursuant to this Chapter shall be valid only for the use and the operation of such use as specified on the Certificate. The breach of any condition, safeguard or requirement shall constitute a violation of this Zoning Code. Approval shall automatically be void if, for any reason, the conditional use shall cease for more than 180 days.
(b) The Conditional Use Certificate shall expire one (1) year from the date of enactment, unless:
(1) The final development plan is approved for uses that require a final development plan;
(2) Substantial progress in the establishment of the use is accomplished; or
(3) As otherwise specifically approved by the Planning Commission.
(Ord. 2023-029. Passed 4-18-23.)
1137.08 APPLICATION AFTER DENIAL.
An application for a Conditional Use Certificate subsequent to a denial shall address and correct the grounds for denial stated in the Announcement of Decision. An application fee shall be paid with the application.
(Ord. 2023-029. Passed 4-18-23.)
1137.09 AMENDMENTS TO A CONDITIONAL USE CERTIFICATE.
Procedures for the amendment of the Conditional Use Certificate shall be the same as for the original certificate application, with the exception that minor changes thereto, as determined by the Zoning Inspector, shall not require the resubmission of a new conditional use certificate application and may be approved by the Zoning Inspector. "Minor changes" to a Conditional Use Certificate shall include, but not be limited to, alterations or additions which do not increase the gross floor area of a building or the size of a structure by more than ten percent (10%) at the time of application for an amendment and which do not otherwise modify the basic use or physical characteristics of the site.
(Ord. 2023-029. Passed 4-18-23.)
1138.01 APPEALS OF ADMINISTRATIVE DECISIONS.
(a) An applicant may appeal to the Planning Commission a decision or order of a City official alleging an error in applying the Zoning Code. An appeal shall be heard and decided pursuant to the rules and procedures in this Chapter and this Zoning Code.
(b) An appeal to the Board may be taken by any person aggrieved or by any officer, department, board or bureau of the City concerning any decision of the Zoning Inspector or other administrative official. Such appeal shall be taken within thirty days after the decision, by filing with the Board a notice of appeal specifying the grounds thereof. A copy of such appeal shall be forwarded by the Secretary of the Board to the Zoning Inspector. Upon receipt thereof, the Zoning Inspector shall forthwith transmit to the Secretary of the Board all files constituting the record upon which the action appealed from was taken.
(c) An appeal shall identify the decision or order being appealed and identify all parties in interest. The Code section(s) alleged to have been violated, the grounds for the appeal and the relief sought shall be stated therein. A copy of the administrative decision or order shall be attached.
(Ord. 2023-029. Passed 4-18-23.)
1138.02 VARIANCE.
(a) The Boards of Zoning Appeals may grant a variance from the requirements of the Zoning Code pursuant to Chapter 1133, Powers and Duties. An application for variance shall be heard and decided pursuant to the rules and procedures in this Chapter.
(b) A request for variance shall be filed with the Zoning Inspector by the owner of the property, an authorized agent acting under written authorization of the owner, or a person with an interest in the property.
(c) The application shall refer to the regulatory requirement from which a variance is requested and state the specific circumstances in support, the specific relief sought, and the justification for the variance. The application shall be notarized.
(d) A variance to a minimum planning, development, and design requirement set forth in Titles Seven, Nine, or Eleven of the Zoning Code may be granted when the Board of Zoning Appeals determines that the variance will not be contrary to the public health, safety or general welfare nor contrary to accepted planning and engineering standards and practices.
(Ord. 2023-029. Passed 4-18-23.)
1138.03 APPEAL PROCEDURE.
An administrative appeal shall be processed as follows:
(a) Each application for an appeal shall be accompanied by the application fee to cover the cost of administrative expenses for processing the application.
(b) Before making any decision on an administrative appeal, the Board shall hold a public hearing or hearings at such times as shall be determined by the Board itself. Special hearings can be arranged at the call of the Chairman so long as notice provisions of this Zoning Code can be properly provided. Prior to establishing any hearing date, the Chairman of the Board shall obtain a written opinion from the Director of Law stating that the Board has jurisdiction over the appeal. The Board shall fix a reasonable time for the hearing of the appeal.
(c) Public Hearing. Public notice shall be given of a hearing on any appeal by the posting of a notice in the main entrance of the Municipal Building for a period of at least fourteen (14) days stating the time and place of the hearing. Any person may appear at a public hearing and give testimony. All competent testimony, evidence, and staff recommendations shall be considered. Additional information from the appellant or the City staff may be requested for full and proper consideration of the appeal. Such additional reports, comments or expert opinions shall be transmitted to the Secretary prior to the next hearing. A public hearing may be recessed from time to time to a date certain; no further notice is necessary. After all testimony is taken and all exhibits are received, the hearing shall be closed.
(d) Decision.
(1) The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Inspector or other administrative official.
(2) The Board shall commence hearings on all matters properly presented within sixty (60) days of filing of request and shall render a decision thereon within 120 days from such filing unless a longer time is agreed upon between the appellant and the Board.
(3) Every appeal granted or denied must be accompanied by a written finding of fact based on testimony and evidence presented and specifying the reason for granting or denying the appeal and shall refer to any applicable ordinance relied upon by the Board in reaching any such decision.
(4) The Board shall provide a detailed report of all its proceedings, setting forth its reasons for decisions, the vote of each member participating therein and the absence of a member or his failure to vote within ten (10) days from the date of its decision.
(5) A certified copy of the Board's decision shall be transmitted to the applicant or appellant and to the Zoning Inspector. Such decision shall be binding upon the Zoning Inspector and observed by him, and he shall incorporate the terms and conditions of the same in the permit to the applicant or appellant, whenever a permit or approval is authorized by the Board.
(6) A certified copy of the Board's decision as well as a copy of the minutes of the Board meeting shall be filed immediately in the City Building and shall be a public record.
(7) Rulings and decisions of the Board shall be final, except as provided for in this Zoning Code.
(e) Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Inspector certifies to the Board, after notice of appeal has been filed with him, that by reasons of acts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed or otherwise than by a restraining order which may be granted by the Board or by the Common Pleas Court on application, on notice to the Zoning Inspector or by judicial proceedings, and on due cause shown.
(Ord. 2023-029. Passed 4-18-23.)
1138.04 VARIANCE PROCEDURE.
An application for variance shall be administered as follows:
(a) Review Upon Receipt. Within fifteen (15) days of receipt, the Zoning Inspector shall review the application and attached documents and verify that the fees have been paid. If the submission is deficient, the Zoning Inspector shall notify the applicant of the necessary corrections, additional information or documents needed. When the submission requirements are satisfied, the Zoning Inspector shall accept the application for review.
(b) City Review. The Zoning Inspector shall forward a copy of the variance application and the supporting attachments to the City staff and consultants. Within ten (10) business days, the staff and consultants shall transmit to the Zoning Inspector their written comments and recommendations regarding the variance request. The Zoning Inspector shall forward to the Secretary the variance application, attachments thereto in support, the review comments and recommendations of the City Staff and consultants, and such other documents and information relevant and material to a proper decision.
(c) Before making any decision on an application for a variance from the Zoning Code regulations, the Board shall hold a public hearing or hearings at such times as shall be determined by the Board itself. Special hearings can be arranged at the call of the Chairman so long as notice provisions of this section can be properly provided. Prior to establishing any hearing date, the Chairman of the Board shall obtain a written opinion from the Director of Law stating that the Board has jurisdiction over the appeal or application. The Board shall fix a reasonable time for the hearing of the application or appeal.
(d) Public Notice. A Notice of Public Hearing shall be mailed at least ten (10) days before the hearing to the applicant and all property owners, as they appear in the current records of the County Recorder, within 500-foot radius of a boundary line of the property for which a variance is requested. The notice shall include the date, time and location of the public hearing; the subject of the variance and nature of the relief requested; and a statement that any interested party may be heard. Failure of delivery of notice shall not be grounds to challenge action taken on the application.
(e) Public Hearing. At any hearing, the applicant or appellee party may appear in person or be represented by an agent or attorney. Any person may appear at a public hearing and give testimony under oath. Witnesses shall be subject to questioning. Competent testimony and evidence shall be considered.
(1) Additional information from the applicant or the City staff may be requested for thorough and proper consideration of the application.
(2) Additional reports, comments or expert opinions shall be transmitted to the Secretary prior to the next hearing. A public hearing may be recessed from time to time to a date certain. A second Notice of Public Hearing shall be mailed at least six (6) calendar days before the continuance of the hearing to the applicant and all owners of land within 500 feet of a boundary line of the property that is the subject of the variance. After all testimony is taken and all exhibits are received, the hearing shall be closed.
(f) Decision.
(1) The Board shall commence hearings on all matters properly presented within sixty days of filing of request and shall render a decision thereon within 120 days from such filing unless a longer time is agreed upon between the appellant and the Board.
(2) The concurrence of three (3) members of the Board shall be necessary to decide in favor of any applicant in any matter on which it is required to pass under this Zoning Code or to affect any variance from the requirements stipulated in this Zoning Code.
(3) The Board of Zoning Appeals shall adopt an Announcement of Decision with findings of fact based on testimony and evidence presented that address the applicable factors to determine a variance and specifying the reason for granting or denying the variance. The Announcement of Decision with the findings of fact, the discussion of the evidence upon which the decision is based that sets forth the Board’s reasons for decisions, the vote of each member participating therein, and the absence of a member or his failure to vote shall be issued within ten (10) days from the close of the hearing.
A. The Announcement of Decision shall include findings of fact and shall address and discuss the factors, as applicable, set forth in Section 1138.07, Standards for Variance Review, and the evidence in support thereof. The Board of Zoning Appeals may approve a variance when it finds that the application and evidence submitted in support thereof satisfy the standards in Section 1138.07, Standards for Variance Review and may attach terms and conditions to the approval.
B. Within ten (10) days of approval of the Announcement of Decision, the Zoning Inspector shall transmit a copy of the decision to the applicant, the Secretaries of the Planning Commission and the Board of Zoning Appeals, and the Clerk of Council.
C. A certified copy of the Board's Announcement of Decision as well as a copy of the minutes of the Board meeting shall be filed immediately in the City Building and shall be a public record.
D. Within twelve (12) months of the date of the Announcement of Decision approving a variance, the applicant shall apply for a Zoning Permit or Conditional Use Certificate, commence occupancy for a use variance, start the construction approved by the area variance or commence administrative action in the case of a procedural variance. The approval granted in the Announcement of Decision shall expire if the applicant fails to further proceed with the next submittal within twelve (12) months, after which the variance shall expire and be null and void.
(Ord. 2023-029. Passed 4-18-23.)
1138.05 APPEAL FROM DECISIONS OF THE BOARD.
Any appellant whose request for a variance from zoning ordinances and regulations has been denied shall have a right of appeal to the Council, pursuant to Section 111.31 of the Codified Ordinances, by filing a written notice of appeal with the Clerk of Council within ten (10) days from the date of the decision of the Board. Council shall have the power to affirm, modify or overrule the decision of the Board. The decision of Council shall be a final order. All other rulings and decisions of the Board shall be final and subject to an appeal to the Court of Common Pleas pursuant to the laws of the State of Ohio.
(Ord. 2023-029. Passed 4-18-23.)
1138.06 REAPPLICATION.
Upon denial of an application for variance, the Zoning Inspector shall not accept a subsequent application from the applicant for the same variance(s) unless there is a substantial change in circumstances, or new information is provided relevant to the issues or facts considered during the previous review; or the new application is materially different from the previous one.
(Ord. 2023-029. Passed 4-18-23.)
1138.07 STANDARDS FOR VARIANCE REVIEW.
Each application for variance shall be reviewed for compliance with the purpose and intent of the Zoning Code. The applicant shall submit sufficient evidence that demonstrates that literal enforcement of the Code will result in practical difficulties which unreasonably deprive the owner or applicant of a permitted use of the property and that application of the Code to the property is inequitable. The Announcement of Decision shall make specific findings of fact addressing the factors that are applicable to the property, and shall discuss the preponderance of reliable, probative and substantial evidence in the record that supports the Board's decision.
(a) Area Variance. An applicant or owner may seek an area variance when strict compliance with the requirements of the Zoning Code will result in practical difficulties that unreasonably deprive the owner or applicant of a permitted use of the property. The applicant shall demonstrate by the preponderance of reliable, probative and substantial evidence that the applicable criteria for practical difficulties are satisfied. The factors to be considered and weighed by the Board of Zoning Appeals to determine whether practical difficulties to the use of the property exist include but are not limited to:
(1) Whether special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to other lands or structures in the same zoning district, such as exceptional irregularity of shape; limitations upon the size, dimensions, terrain or grade of the lot; or proximity to a non-conforming or incompatible use, structure or condition;
(2) Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
(3) Whether the variance is substantial;
(4) Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance;
(5) Whether the variance would adversely affect the delivery of governmental services (e.g. water and sewer);
(6) Whether the property owner purchased the property with knowledge of the zoning restrictions. The applicant or property owner shall be given the opportunity to establish practical difficulty despite knowledge of the zoning restriction when the land was purchased;
(7) Whether special conditions or circumstances exist as a result of actions of the owner;
(8) Whether the property owner's predicament feasibly can be obviated through some method other than a variance and the variance sought is the minimum that will afford relief; and,
(9) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance.
(b) Use Variance. An applicant or owner may seek a use variance when strict compliance with the requirements of the Zoning Code will result in unnecessary hardship or the property cannot be used for purposes for which it is zoned. The applicant shall demonstrate unnecessary hardship by the preponderance of reliable, probative and substantial evidence that all of the following criteria are satisfied:
(1) The property cannot be put to an economically viable use under any of the permitted or conditional uses allowed in the zoning district; an economically viable use does not mean a more profitable use;
(2) The variance requested stems from a condition which is unique to the property at issue and not ordinarily present in other nearby properties;
(3) The unnecessary hardship is not a condition created by actions of the owner or applicant;
(4) Did the applicant or owner purchase the property with knowledge of the zoning restrictions on its use;
(5) The variance will not alter the character and use of the zoning district;
(6) The variance will not adversely affect the rights of adjacent property owners or residents;
(7) The variance will not adversely affect the public health, safety or general welfare;
(8) The variance is consistent with the general spirit and intent of the Zoning Code; and,
(9) The variance sought is the minimum that will afford relief to the owner or applicant.
(c) Conditions and Safeguards of the Variance. The Board of Zoning Appeals may further prescribe conditions attached to the use or area variance and a financial guarantee or bond to assure compliance.
(Ord. 2023-029. Passed 4-18-23.)
1138.08 LIMITATIONS ON VARIANCES.
(a) Limitations on Variations from Area Regulations. A lot of record, held in single and separate ownership on the effective date of this Zoning Code (Ordinance 72-13, passed July 11, 1972), may be used as a site for a single-family dwelling as provided and regulated in Chapter 1191. However, the Board may permit variations of not more than a ten percent (10%) decrease of the required lot area for other types of dwellings for a given lot that is of such restricted area that it cannot be appropriately improved without such modification, provided the owner owns no adjoining vacant lot, and subject to the provisions of Section 1199.02. In addition, the Board may vary the minimum floor area requirements of a dwelling by not more than ten percent (10%) if, by reason of greater lot frontage or area or side yard widths than specified in this Zoning Code for the district in which such dwelling is to be located, or by exceptionally skillful arrangement of site design, the result of such variation will be in harmony with the character of the neighborhood.
(b) Limitations on Variations from Yard Regulations. The Board may permit in the Single-Family Residential Districts only, as may be necessary to permit the appropriate development of a lot of record or because of peculiar shape or for topographical reasons, variations in which the required yards are not decreased more than ten percent (10%), provided the Board determines that light and ventilation will be adequate and privacy not impaired and provided the required lot area has not been decreased. In addition, the Board may permit in a residential district a modification of the required side yard so as to allow a one-story garage to be attached to a one-family dwelling constructed before the effective date of this Zoning Code (Ordinance 72-13, passed July 11, 1972), to project into a required side yard, but the resulting side yard shall be not less than three (3) feet.
(c) Limitations on Variations to Height Regulations. The Board may permit an increase in the height of a proposed or existing building or part thereof to the same height as an adjacent building, not across any public street from the proposed or existing building under consideration, provided that the adjacent building is higher than that permitted in the height regulations, and provided further that such increased height is essential to the completion of the building as originally planned.
(d) Limitations on Variations to Nonconforming Buildings and Uses. The Board shall have no power to authorize, as a variance, the establishment of a nonconforming building or use, or changes in nonconforming uses, where none previously existed, provided, however, that the Board may authorize the substitution of nonconforming uses as provided for and regulated in subsection 1133.05 (f)(2).
(Ord. 2023-029. Passed 4-18-23.)
1139.01 INTENT.
The intent of this Chapter is to provide measures for the enforcement of the Zoning Code where there is noncompliance and to keep records of actions in regard to the enforcement of the
Code.
(Ord. 2023-029. Passed 4-18-23.)
1139.02 ENFORCEMENT BY ZONING INSPECTOR.
For the purpose of this Zoning Code, the Building Commissioner is hereby designated as the Zoning Inspector. It shall be the duty of the Zoning Inspector to enforce this Zoning Code in accordance with the provisions of this Zoning Code. All departments, officials and public employees of the City vested with the duty and authority to issue permits, licenses, or certificates shall conform to the provisions of this Zoning Code and shall issue no permit, certificate or license for any use, building or purpose in conflict with the provisions of this Zoning Code. Any permit, license, or certificate issued in conflict with the provisions of this Zoning Code shall be null and void and of no effect whatsoever.
(Ord. 2023-029. Passed 4-18-23.)
1139.03 CONSTRUCTION AND USE SHALL BE AS APPROVED.
Zoning Permits and Certificates issued by the Zoning Inspector on the basis of approved plans and applications authorize only the use and arrangement set forth in such approved plans and applications, or amendments thereto. Use, arrangement or construction contrary to that authorized shall be deemed a punishable violation of this Code.
(Ord. 2023-029. Passed 4-18-23.)
1139.04 VIOLATIONS.
No person shall:
(a) Use or occupy land or a place; build, erect, alter, remodel, restore, or rebuild thereon a building or structure; permit a building or structure to remain on such land; or use, occupy, or operate a building or structure, in violation of the Zoning Code; or
(b) Use or occupy a parcel of land; use or occupy a new building; or enlarge, substitute, or change the use, occupancy, or configuration of land or a building, without a Zoning Permit, Conditional Use Certificate, or Certificate of Zoning Compliance; or
(c) Aid, assist, or participate with any person in placing, building, erecting, altering, remodeling, restoring, or rebuilding any building or structure that is not permitted by the provisions of this Zoning Code; or
(d) Violate or fail to perform a condition or requirement in a certificate, permit, or approval issued pursuant to this Zoning Code; or
(e) Continue to use or occupy the premises or building beyond the term or deadline ranted in a certificate, permit, or approval; or
(f) Continue construction or other activity after receiving a Stop Work Order, Notice of Violation, Remove and Reconstruct Order, or Notice of Revocation of Certificate; or
(g) Make a false statement in an application for development plan approval, Zoning Permit, Conditional Use Certificate, Certificate of Zoning Compliance, or in the plans or specifications submitted in support of the application; or
(h) Remove a Stop Work Order posted by the Zoning Inspector; or
(i) Refuse to permit the Zoning Inspector to enter any premises in the City to investigate a reported violation of the provisions of this Zoning Code.
(Ord. 2023-029. Passed 4-18-23.)
1139.05 VIOLATION CONSIDERED A NUISANCE.
Any building or structure erected, altered, moved, razed or converted, or any use of land or premises carried on in violation of any provision of this Zoning Code may be declared to be a nuisance.
(Ord. 2023-029. Passed 4-18-23.)
1139.06 FAILURE TO OBTAIN CERTIFICATES AND ORDERS.
(a) Work without Necessary Approvals. No person or corporation shall proceed with any construction or excavation or commence occupancy or use of any premises that has not been authorized by a permit and/or a certificate. When the required permit or certificates are not obtained prior to the start of work, the fees for permits or certificates shall be tripled. In addition, a five hundred dollar ($500.00) charge shall be assessed against any contractor, developer, architect or other professional who serves as representative applicant for the real property owner or who begins construction or excavation or facilitates occupancy or use of any premises that has not been authorized by a permit and/or certificate. Any such construction, excavation, use, or occupancy shall constitute a violation of this Zoning Code and shall be punishable as provided for in this Chapter.
(b) Stop Work or Cease and Desist Orders. If the Zoning Inspector finds that any construction, reconstruction, use or occupancy of any building, structure, or land is being done or has been done contrary to this Zoning Code, the Zoning Inspector shall immediately issue a "Stop Work" order if the work is under construction, and/or an order to "Cease and Desist" the use or occupancy of all or any part of a building, structure, or lands which were built, constructed or used or are being used in violation of the laws of the City of Bedford Heights. Such "Stop Work" order or "Cease and Desist" order shall remain in full force and effect until the owner has obtained all required permits or certificates and has paid the required additional fees and fines.
(Ord. 2023-029. Passed 4-18-23.)
1139.07 IDENTIFICATION AND INSPECTION.
(a) Complaints. Any person may file a written complaint with the Zoning Inspector alleging a code violation. Such written complaint shall fully state the grounds and factual basis in support of the complaint.
(b) Inspection. The Zoning Inspector, or his designee, shall investigate an alleged Code violation stated in the complaint and cause the inspection of the land, building, structure, improvements or premises that is the subject of the complaint.
(Ord. 2023-029. Passed 4-18-23.)
1139.08 ENFORCEMENT ACTIONS.
In the event a violation of the Zoning Code is confirmed, the Zoning Inspector may proceed under one or more of the following enforcement methods:
(a) Notice of Violation.
(1) The Zoning Inspector shall issue a written notice and order to the owner, agent, tenant, occupant or operator of the building or land to correct conditions which violate the Code within a reasonable time. After the order is served or posted, only work to correct the violation or comply with the notice shall proceed on the building or premises.
(2) A Notice of Violation shall be served either by personal delivery or by certified mail, return receipt requested, to a responsible person at the last known address and posted conspicuously on the premises.
(b) Remove and Reconstruct Order. The Zoning Inspector may issue a Remove and Reconstruction Order requiring removal of work that does not conform to the approved submittal, permit, certificate, plan, or City requirements and reconstruction thereof.
(c) Stop Work Order. If work or other activity was performed in violation of the Code and is likely to continue, or such activity creates a condition that threatens damage to the surrounding property or the health, safety or welfare of the owners, occupants thereof, or the general public which must pass in the vicinity of the construction area, the Zoning Inspector shall issue a Stop Work Order and post it conspicuously on the premises.
(d) Certificate Revocation.
(1) The Zoning Inspector may issue a notice to revoke a certificate, permit, or approval issued contrary to the Code or in reliance upon false, incorrect or inaccurate information in the application.
(2) The certificate, permit, or approval shall be revoked by written notice served either by personal delivery or by certified mail, return receipt requested, to the applicant, holder thereof, or owner of the property; or, failing such service, the Notice of Revocation shall be posted conspicuously upon the premises.
(e) Forfeiture of Financial Guarantees. The forfeiture of a financial guarantee deposited by the developer or applicant or executed by the developer or applicant and guarantor, to the City in accordance with the terms thereof for failure to complete the project or any guaranteed portion thereof; for failure to comply with City specifications for improvements dedicated to public use; or for failure to perform or complete other work in compliance with the terms and conditions of the guarantee.
(f) Any building or structure erected contrary to any of the provisions of this Zoning Code, and any use or occupancy of any building or land which is conducted, operated, or maintained contrary to any provisions of this Zoning Code shall be and the same is hereby declared to be unlawful. The Zoning Inspector may initiate injunction, mandamus, abatement or any other appropriate action to prevent, enjoin, abate, or remove such violations
(g) The City may pursue all other remedies available at law or in equity.
(Ord. 2023-029. Passed 4-18-23.)
1139.09 PENALTIES.
A person or corporation shall be guilty of a misdemeanor where any violation of any of the provisions of this Zoning Code exists in any building or tract of land, and an order to remove any such violation has been served on the owner, agent, lessee or tenant of the building or tract of land, or part thereof, or upon the architect, builder, contractor or any person who commits or assists in any such violation; and such person shall fail to comply with such order. Upon conviction thereof, such person may be fined in an amount not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00). Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
(Ord. 2023-029. Passed 4-18-23.)
1139.10 EQUITABLE REMEDIES.
In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used, or any land is or is proposed to be used, in violation of this Zoning Code or any amendment or supplement thereto, Council, the City Law Director, the Zoning Inspector or any adjacent or neighboring property owner who would be specially damaged by such violation may, in addition to other remedies provided by law, institute appropriate action or proceedings to prevent such unlawful location, erection, construction, reconstruction, alteration, conversion, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of such building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.
(Ord. 2023-029. Passed 4-18-23.)